California Case Summaries
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California

U.S. District Court — Southern District of California
Uncategorized

Pratt v. Bonafide Provisions — S.D. Cal. Tosses CAFA Class Action for Lack of Subject-Matter Jurisdiction

The court dismissed a putative class action filed under the Class Action Fairness Act on its own initiative, ruling that minimal diversity was missing because both the named plaintiff and the defendant were California citizens, and the complaint’s bare conclusion that more than $5 million was

U.S. District Court — Southern District of California
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Limpin v. Ascendiun — S.D. Cal. Remands Case to State Court Because Defendant’s Removal Was Filed Three Weeks Late

After the defendant’s counsel ultimately confirmed that the company had received the complaint on August 1, 2025, the court ruled the September 25, 2025 notice of removal was filed weeks past the 30-day deadline and remanded the case to state court, declining to award sanctions because there w

U.S. District Court — Southern District of California
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Cruz v. City of San Diego — S.D. Cal. Allows Wrongful-Death Claims Over Police Shooting of Incapacitated Suspect to Proceed in Part

In a Section 1983 wrongful-death action brought by the parents of a man fatally shot by San Diego police officers — including allegations that officers continued to fire shots into the decedent’s body after he was already incapacitated — the court granted in part and denied in part the city&#8

U.S. District Court — Southern District of California
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Stanz v. Brown — S.D. Cal. Magistrate Recommends Civil Contempt and Coercive Per-Diem Fine for Defendants’ Failure to Pay $11,400 Fee Award

After defendants ignored a court order to pay an $11,400 attorney-fee award, the magistrate judge certified facts to the district judge supporting civil contempt and recommended a coercive per-diem fine, but recommended denying the plaintiff’s request for additional fees on the contempt motion

U.S. District Court — Southern District of California
Uncategorized

McElroy v. Pernod Ricard — S.D. Cal. Lets Failure-to-Warn Claim Survive in Sparkling-Wine Bottle Injury Case but Dismisses Design-Defect and Negligence Claims

In a personal-injury suit by a consumer who lacerated her hand when a Mumm Napa Valley sparkling wine bottle exploded after she used a corkscrew to remove a stuck cork, the court granted summary judgment on the design-defect and negligent-storage claims but allowed the failure-to-warn claims to proc

U.S. District Court — Southern District of California
Uncategorized

Duardo v. City of San Diego — S.D. Cal. Conditionally Certifies FLSA Collective Action by Firefighter-Paramedics

The court conditionally certified a federal Fair Labor Standards Act collective action by City of San Diego firefighters who claim the City miscalculated their overtime by leaving a $500 paramedic-certification bonus out of their regular rate of pay, and approved a joint notification plan with adjus

U.S. District Court — Southern District of California
Uncategorized

Ibarra Gamboa v. Garland — S.D. Cal. Dismisses Habeas Petition Filed by Detainee’s Partner Because Pro Se ‘Next Friend’ Cannot Sign for Petitioner

The court dismissed without prejudice an immigration habeas petition that had been signed by the detainee’s long-term partner as ‘next friend,’ ruling that even if the partner had a basis for next-friend standing under Whitmore v. Arkansas, she could not represent the detainee whil

U.S. District Court — Southern District of California
Uncategorized

Steele v. Assurance IQ — S.D. Cal. Stays Wage-and-Hour Class Action Pending Settlement of Earlier-Filed State Court Case

The court issued a limited stay of a federal misclassification class action against Assurance IQ and Prudential pending a preliminary settlement approval ruling in an earlier-filed and substantially similar state-court class action whose proposed class includes the federal plaintiff.

U.S. District Court — Southern District of California
Uncategorized

Lovejoy v. Transdev Services — S.D. Cal. Decertifies Bus Driver Class and Stays Action in Light of Overlapping Earlier-Filed State-Court Cases

After previously certifying a class of California bus driver/operator employees of Transdev for wage-and-hour claims, the court reversed course and decertified the class in light of multiple overlapping earlier-filed state-court class actions, then stayed the case to allow those proceedings to advan

U.S. District Court — Southern District of California
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Anthony v. Hubbard — S.D. Cal. Dismisses §1983 Suit Against Court of Appeal Clerk on Quasi-Judicial Immunity Grounds

The court dismissed without leave to amend a §1983 suit against a senior deputy clerk of the California Court of Appeal who allegedly refused filings, yelled, and issued unauthorized orders, ruling that quasi-judicial immunity bars damages claims and that §1983 itself bars injunctive relief against

U.S. District Court — Southern District of California
Uncategorized

Muradyan v. Warden — S.D. Cal. Denies Habeas Petition by Armenian Detainee Awaiting Third-Country Removal Within Zadvydas Six-Month Period

The court denied without prejudice an Armenian asylum-seeker’s habeas petition challenging his post-removal-order detention while ICE seeks a third country to receive him, ruling that he had been detained less than six months and was still within Zadvydas’s presumptively reasonable remov

U.S. District Court — Southern District of California
Uncategorized

San Diego University for Integrative Studies v. Westerlund — S.D. Cal. Denies Motion to Expand the Administrative Record in Foreign-Student Certification Dispute

In an APA challenge to ICE’s withdrawal of the school’s certification to enroll foreign students, the magistrate judge refused to compel the agency to add documents to the administrative record or to allow a deposition of the deciding official, ruling that the school’s claims of mi

U.S. District Court — Southern District of California
Uncategorized

Markov v. Warden — S.D. Cal. Denies Bond Hearing for Russian Asylum-Seeker Held Seven Months Under § 1225(b)(1) Mandatory Detention

The court applied the six-factor Banda test and concluded that seven months of mandatory detention of a Russian asylum-seeker who had been found to have a credible fear of persecution did not yet violate due process or require a bond hearing.

U.S. District Court — Southern District of California
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Gu v. Jimenez — S.D. Cal. Dismisses Five-Sentence RICO and Due-Process Complaint at Section 1915 Screening Stage

After granting the plaintiff’s request to proceed without paying the filing fee, the court dismissed her five-sentence complaint alleging RICO and due-process violations against a single defendant for failure to state a plausible claim and noted serious doubts about whether venue was proper in

U.S. District Court — Southern District of California
Uncategorized

Keyes v. General Motors — S.D. Cal. Denies Remand of Lemon-Law Case Despite Plaintiffs’ Pre-Litigation Repair Records Argument

The court denied remand in a Song-Beverly Act/Magnuson-Moss Warranty Act lemon-law case against General Motors over a 2018 GMC Yukon, ruling that GM’s removal was timely because the federal MMWA claim alone did not affirmatively show the amount in controversy and pre-litigation repair records

U.S. District Court — Southern District of California
Uncategorized

Hammerlord v. Collins — S.D. Cal. Dismisses Veteran’s Suit Against VA Doctors on §1983 Due-Process, ADA, and Elder-Abuse Theories

On the second screening of an 80-year-old veteran’s pro se complaint against VA officials and his primary-care doctor, the court dismissed his amended due-process, civil-rights conspiracy, federal elder-abuse, and Older Americans Act claims with prejudice and granted limited leave to amend onl

U.S. District Court — Southern District of California
Uncategorized

Francois v. Warden — S.D. Cal. Dismisses Haitian Detainee’s Habeas Claims for Failure to Exhaust BIA Appeal Rights and Lack of Final Removal Order

The court dismissed without prejudice a Haitian detainee’s habeas due-process claim for failure to exhaust appeals to the Board of Immigration Appeals after he received four individualized custody reviews from immigration judges, and rejected his Zadvydas challenge because he has no final remo

U.S. District Court — Southern District of California
Uncategorized

Salazar Juarez v. Abdi — S.D. Cal. Allows Eighth Amendment Excessive-Force Claim Over ‘Hot Metal Plate’ Incident at RJD to Proceed

After IFP screening of an amended complaint by a state prisoner experiencing a mental-health crisis, the court allowed his Eighth Amendment excessive-force claim to proceed against two correctional officers who allegedly held him against a hot metal plate causing severe burns, but dismissed his deli

U.S. District Court — Southern District of California
Uncategorized

Vickery v. SD Bullion — S.D. Cal. Trims Consumer Class Action Over ‘Lowest Price. Period.’ Gold-Coin Advertising

In a putative class action alleging that SD Bullion’s ‘The Lowest Price. Period.’ advertising for precious-metal coins was false because competitors charged less, the court trimmed several theories at the motion-to-dismiss stage but allowed the consumer’s core false-advertisi

U.S. District Court — Southern District of California
Uncategorized

Grimes v. Municipality of Oceanside — S.D. Cal. Bars Serial Pro Se Filer Under PLRA’s Three-Strikes Provision

The court denied a detainee plaintiff’s motion to proceed without paying the filing fee under the Prison Litigation Reform Act’s three-strikes rule and dismissed the complaint, citing more than 600 prior civil filings nationwide and dozens of prior dismissals for frivolousness or failure

U.S. District Court — Southern District of California
Uncategorized

Brixton LLC v. Wooden Bay Co. (Bronxton) — S.D. Cal. Lets Trademark-Infringement Suit Survive Motion to Dismiss Over Hat Brand’s Shield Logo

The court denied a motion to dismiss filed by Wooden Bay (doing business as Bronxton) in a trademark-infringement case brought by hat-and-accessories brand Brixton, ruling that the complaint adequately alleged likelihood of confusion based on shared shield-design logo, similar font, overlapping clot

U.S. District Court — Southern District of California
Uncategorized

Pitsick-Perez v. Southwest Airlines — S.D. Cal. Remands PAGA Action After Defendant Fails to Show $75,000 Amount in Controversy

The court remanded a Private Attorneys General Act case against Southwest Airlines to state court because the airline failed to plausibly show more than $75,000 was at stake when the plaintiff’s individual share of attorney’s fees and PAGA penalties were properly calculated.

U.S. District Court — Southern District of California
Uncategorized

Sundahl v. Comerica Bank — S.D. Cal. Dismisses Elder Abuse and Electronic Funds Transfer Act Claims Over $6,815 Direct Express Card Fraud

The court dismissed financial-elder-abuse and Electronic Funds Transfer Act claims by a Social Security beneficiary against Comerica Bank and the operator of the Direct Express debit-card program after $6,815 in fraudulent transactions, ruling that the complaint did not allege the bank had actual kn

U.S. District Court — Southern District of California
Uncategorized

Ayala Perez v. Noem — S.D. Cal. Grants Habeas and Orders Immediate Release of Cuban Parolee Re-Detained Without Notice

The court granted habeas relief and ordered immediate release of a Cuban national who had been paroled into the United States and then re-detained at a master calendar hearing without the written notice of parole termination required by 8 C.F.R. § 212.5(e)(5) or any opportunity to be heard.

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